Burlington man cleared of assault of UVM student

Apr. 24, 2013

Written by

Free Press Staff Writer

A judge has reaffirmed his decision to dismiss the case of a Burlington man suspected of punching out a college student in front of The Three Needs bar a year ago.

Judge Robert Mello ruled that prosecutors failed to amass enough evidence to try 21-year-old Jordan Gaboriault in connection to the assault on Stephen Hart.

“Because of defendant’s presence near the scene, his flight from the scene and his evasive answers to the police, the evidence in this case raises a suspicion that defendant may have assaulted Mr. Hart,” Mello wrote in a ruling issued earlier this month. “However, the factual gaps are so large that they cannot be bridged by rational inferences. Speculation is not permitted.”

The judge wrote that no one who spoke to attorneys about the case said they saw Gaboriault punch Hart April 20, 2012.

Hart, then a 22-year-old student at the University of Vermont, underwent emergency brain surgery at Fletcher Allen Health Care. He spent about a month in the hospital and still has cognitive problems.

Hart’s attorney had asked Mello in January to dismiss the charge of aggravated assault. Mello initially denied the motion, but when Pacht later asked him to reconsider, the judge reversed himself and granted the request on Feb. 15.

The prosecution then asked the judge to reconsider his reconsideration, which led to the most recent ruling.

Hart did not return a message left Wednesday seeking comment on the case. His parents, Joe and Lynn Hart of New Hampshire, said Wednesday they had hoped the case would proceed toward trial.

“I guess that’s the big thing, that the jury couldn’t decide the whole thing, if it came to that,” Joe Hart said. “It’s just unfortunate that Mello flip-flopped.”

“It’s more than unfortunate,” Lynn Hart added.

“It’s tragic,” Joe Hart said.

One witness, Logan Peters, initially told Burlington police she hung out with Gaboriault before the assault and saw the defendant punch Hart. She later testified that she did not see the assault.

Without that statement, the remaining evidence, including witness statements that put Gaboriault at the scene and suggest he later lied to police about his whereabouts, is insufficient to prove the case, according to the judge.

Gaboriault’s attorney, John Pacht of Burlington, welcomed the judge’s most recent decision in the case.

“The evidence was not sufficient to support the standard required for conviction,” Pacht said. “The witnesses could not make out how the person got hurt and who was responsible for the injury.”

A charge of violation of probation, stemming from the aggravated assault charge, remains pending against Gaboriault. Vermont Superior Court in Burlington has scheduled a status conference in that case for May 9.

In the meantime, Chittenden County Deputy State’s Attorney Paul Finnerty said he has considered whether to continue to pursue the case.

“We respect the court’s decision, but are looking at other courses of action,” Finnerty said. “We’re looking into the appropriate course of action.”

The prosecution could appeal the judge’s decision to the Vermont Supreme Court.